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Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

WWW.FITWHEELS.EU

§ 1

GENERAL PROVISIONS

The store www.fitwheels.eu operates under the terms set out in these Terms and Conditions.
These Terms and Conditions specify the rules for concluding and terminating Product Sales Agreements, the complaint procedure, as well as the types and scope of services provided electronically by the www.fitwheels.eu Store, the rules for providing such services, and the conditions for concluding and terminating agreements for the provision of electronic services.
Each Service Recipient, upon taking actions aimed at using the Electronic Services of the www.fitwheels.eu Store, is obliged to comply with the provisions of these Terms and Conditions.
In matters not regulated herein, the following provisions shall apply:

  • the Act on Providing Services by Electronic Means of 18 July 2002,
  • the Consumer Rights Act of 30 May 2014,
  • the Act on Out-of-Court Consumer Dispute Resolution of 23 September 2016,
  • the Civil Code Act of 23 April 1964,
  • and other applicable provisions of Polish law.

§ 2

DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

TERMS AND CONDITIONS – these Terms and Conditions of the Store.

STORE – the online store of the Service Provider operating at www.fitwheels.eu

ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Store.

CONTACT FORM – a form available on the website www.fitwheels.eu enabling the sending of messages to the Service Provider.

REGISTRATION FORM – a form available on the website www.fitwheels.eu enabling the creation of an Account.

ACCOUNT – a set of resources in the ICT system of the Service Provider identified by an individual name (login) and password, in which the Service Recipient’s data, including information about placed Orders, are collected.

ORDER FORM – a form available on the website www.fitwheels.eu enabling the placement of an Order.

REVIEW SYSTEM – an Electronic Service made available by the Service Provider enabling Customers to post reviews concerning Products.

NEWSLETTER – an Electronic Service enabling the Service Recipient to subscribe and receive free information regarding Products available in the Store sent by the Seller to the e-mail address provided by the Service Recipient.

CHAT – a free Electronic Service made available by the Service Provider enabling real-time communication with the Service Provider.

WISHLIST – a service enabling the Customer to monitor selected Products without the need to search for them each time in the online Store and without adding them to the Cart.

QUOTE REQUEST FORM – a form available on the website www.fitwheels.eu enabling the submission of a request for an individual quotation regarding bicycle wheel building.

SELLER / SERVICE PROVIDER – the partners of the civil partnership "BIKESTACJA" SPÓŁKA CYWILNA ŁUKASZ RYŻ, RAFAŁ IWAN, delivery address: ul. Garncarska 8, 59-700 Bolesławiec, Poland, VAT ID (NIP): 6121808201, REGON: 020728170, e-mail: info@fitwheels.eu, phone number: +48 502 537 091, operating under the business names:

  • Rafał Iwan conducting business activity under the name RAFAŁ IWAN "BIKESTACJA" SPÓŁKA CYWILNA entered into the Central Registration and Information on Business of the Republic of Poland, business address and service address: ul. Garncarska 8, 59-700 Bolesławiec, NIP: 6121643763, REGON: 020174606, and
  • Łukasz Ryż conducting business activity under the name ŁUKASZ RYŻ "BIKESTACJA" SPÓŁKA CYWILNA entered into the Central Registration and Information on Business of the Republic of Poland, business address and service address: ul. Garncarska 8, 59-700 Bolesławiec, NIP: 6121643148, REGON: 020037737.

SERVICE RECIPIENT – a natural person, legal person, or organizational unit without legal personality to which the law grants legal capacity, using the Electronic Service.

CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.

CONSUMER – a natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity.

ENTREPRENEUR – a natural person, legal person, or organizational unit without legal personality conducting business or professional activity in their own name.

PRODUCT – a movable item or service available in the Store, being the subject of a Sales Agreement between the Customer and the Seller.

SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller via the Store.

ORDER – the Customer’s declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.

PRICE – the amount expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§ 3

INFORMATION ABOUT PRODUCTS AND THEIR ORDERING

The Store www.fitwheels.eu sells Products via the Internet.

The Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.

The information presented on the Store’s websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specified Product under the conditions stated in its description.

The Product price displayed on the Store’s website is given in Polish zloty (PLN) and includes all components, including VAT. The price does not include delivery costs.

The Product price displayed on the Store’s website is binding at the moment the Customer places the Order. This price will not change regardless of any subsequent changes in prices in the Store.

The Seller clearly informs Customers about unit prices, promotions, and price reductions. Alongside information about a price reduction, the Seller displays the lowest price of the Product that applied during the 30 days preceding the introduction of the reduction, or, if the Product has been offered for sale for less than 30 days, the lowest price from the start of the sale until the reduction was introduced.

Orders may be placed via:

To place an Order, the Customer is not required to register an Account in the Store.

A condition for placing an Order is reading and accepting these Terms and Conditions during the ordering process.

Products on promotion or sale have limited quantities, and Orders for them will be processed in the order they are received until stock is exhausted.

§ 4

CONCLUSION OF THE SALES AGREEMENT

To conclude a Sales Agreement, the Customer must first place an Order using the methods made available by the Seller in accordance with § 3 points 7 and 9 of these Terms and Conditions.

After placing the Order, the Seller shall immediately confirm receipt of the Order.

Confirmation of receipt of the Order binds the Customer to the Order. Confirmation is made by sending an e-mail message.

The confirmation e-mail contains:

  • confirmation of all essential elements of the Order,
  • a withdrawal form,
  • these Terms and Conditions including information on the right of withdrawal.

Upon receipt of the e-mail referred to above, the Sales Agreement between the Customer and the Seller is concluded.

Each Sales Agreement shall be confirmed with proof of purchase (receipt or VAT invoice), which may be attached to the Product or sent electronically to the e-mail address provided in the Order Form. In the case of Customers who are Entrepreneurs, VAT invoices are issued – where required by tax law – in the form of structured invoices via the National e-Invoicing System (KSeF) and are deemed delivered in accordance with applicable law. The Entrepreneur Customer is obliged to provide correct invoice details no later than at the time of placing the Order.

§ 5

PAYMENT METHODS

The Seller provides the following payment methods:

  • traditional bank transfer to the Seller’s bank account,
  • payment via electronic payment systems (PayPal.com, PayU.pl),
  • cash on delivery payment.

In the case of traditional bank transfer, payment should be made to the following account:

Bank account number: 20 1020 2137 0000 9202 0087 9338
(PKO Bank Polski Branch 1 in Bolesławiec S.A.)
"BIKESTACJA" SPÓŁKA CYWILNA ŁUKASZ RYŻ, RAFAŁ IWAN
NIP: 6121808201
REGON: 020728170
Address: ul. Garncarska 8, 59-700 Bolesławiec, Poland.

The transfer title should include: “Order no. …”.

In the case of electronic payment systems, the Customer makes payment before the Order is processed. The electronic payment system allows payment by credit card or fast transfer from selected Polish and foreign banks.

In the case of cash on delivery, the shipment is sent after verification of the correctness of the delivery details. The Customer is obliged to pay for and collect the Product from the courier.

The Customer is obliged to pay the Price under the Sales Agreement within 7 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.

In the case of payments described in points 1.1 and 1.2 above, the Product will be shipped only after payment has been received.

 

§ 6

COST, DELIVERY TIME AND METHODS OF PRODUCT DELIVERY

The delivery costs of the Product, which are borne by the Customer, are determined during the Order placement process and depend on the selected payment method and delivery method of the purchased Product.

The delivery time of the Product consists of the time required to complete the Product and the delivery time by the carrier:

  • the time required to complete the Products is from 3 to 5 business days from the moment of:
    • crediting the funds paid under the Sales Agreement to the Seller’s bank account,
    • or positive authorization of the transaction by the electronic payment system,
    • or acceptance of the Order for processing by the Seller in the case of cash on delivery payment,
  • delivery of Products constituting movable goods by the carrier takes place within the time declared by the carrier, i.e. from 1 to 4 business days from the moment of dispatch of the shipment (delivery takes place only on business days excluding Saturdays, Sundays and public holidays).

Products purchased in the Store are shipped via the Polish Post Office or a courier company.

Products purchased in the Store may also be collected personally by the Customer after prior contact by e-mail or telephone.

§ 7

PRODUCT COMPLAINTS

Complaints under warranty

All Products offered in the Store are covered by the manufacturer’s warranty valid within the territory of the Republic of Poland.

The warranty period for Products is 24 months and is counted from the date of delivery of the Product to the Customer.

The document entitling the Customer to warranty protection is the warranty card or proof of purchase.

Details of the guarantor, detailed information regarding goods covered by the warranty, information concerning the warranty period and conditions, as well as the Customer’s rights under the warranty are contained in the warranty card attached to the Product or made available on the Store’s website.

The warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of these Terms and Conditions arising from the non-conformity of the Product with the Sales Agreement specified in the Consumer Rights Act, which rights are granted by law.

Complaints regarding non-conformity of the Product with the agreement

The basis and scope of the Seller’s liability towards a Customer who is a Consumer or an entity referred to in § 10 of these Terms and Conditions due to non-conformity of the Product with the agreement are specified in the Consumer Rights Act of 30 May 2014.

The basis and scope of the Seller’s liability towards a Customer who is an Entrepreneur referred to in § 9 due to warranty claims are specified in the Civil Code Act of 23 April 1964.

The Seller is liable towards a Customer who is a Consumer or an entity referred to in § 10 for non-conformity of the Product with the agreement existing at the moment of delivery and disclosed within 2 years from that moment, unless the shelf life of the Product specified by the Seller or persons acting on their behalf is longer.

Notification of non-conformity of the Product with the agreement and submission of an appropriate claim may be made by e-mail to: info@fitwheels.eu or in writing to: ul. Garncarska 8, 59-700 Bolesławiec, Poland.

The written or electronic notification should include as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. Providing this information will significantly facilitate and speed up the complaint handling process by the Seller.

For the purpose of assessing the non-conformity of the Product with the agreement, the Consumer or entity referred to in § 10 is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense.

The Seller shall respond to the Customer’s request immediately, no later than within 14 days from the date of receipt.

In the case of a complaint submitted by a Customer who is a Consumer or an entity referred to in § 10 – failure to consider the complaint within 14 days from its submission shall be deemed acceptance of the complaint.

The Customer who is a Consumer or entity referred to in § 10 may primarily demand replacement or repair of the Product by the Seller. A price reduction or withdrawal from the agreement may only be demanded in cases specified in the Consumer Rights Act of 30 May 2014 (including where the non-conformity is significant, the Seller refused to bring the Product into conformity with the agreement, or the non-conformity persists despite attempts to remedy it).

In connection with a justified complaint by a Customer who is a Consumer or entity referred to in § 10, the Seller shall accordingly:

  • cover the costs of repair or replacement and re-delivery of the Product to the Customer,
  • reduce the Product price (the reduced price must remain proportional to the value of the conforming Product compared to the non-conforming Product) and refund the Consumer or entity referred to in § 10 the value of the reduced price no later than within 14 days from receipt of the statement on price reduction,
  • in the event of withdrawal from the agreement by the Consumer or entity referred to in § 10 – refund the Product price no later than within 14 days from receipt of the returned Product or proof of its return. In the event of withdrawal, the Consumer or entity referred to in § 10 is obliged to immediately return the goods to the Seller at the Seller’s expense.

The response to the complaint shall be provided on paper or another durable medium, e.g. by e-mail or SMS.

§ 8

RIGHT OF WITHDRAWAL FROM THE AGREEMENT

Subject to point 10 of this paragraph, a Customer who is simultaneously a Consumer or an entity referred to in § 10 of these Terms and Conditions and who has concluded a distance agreement may withdraw from it without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the withdrawal statement made available by the Store.

In the event of withdrawal from the agreement, the Sales Agreement shall be regarded as not concluded, and the Consumer or entity referred to in § 10 is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller immediately, but no later than within 14 days from the date of withdrawal, unless the Seller offered to collect the Product personally. Sending the Product before the expiry of this deadline is sufficient.

In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Garncarska 8, 59-700 Bolesławiec, Poland.

The Consumer or entity referred to in § 10 is liable for any reduction in the value of the Product resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller failed to inform them about the method and deadline for exercising the right of withdrawal and failed to provide the withdrawal form template. In order to establish the nature, characteristics, and functioning of the Products, the Consumer or entity referred to in § 10 should handle and inspect the Products only in the same manner as they would in a stationary store.

Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with delivery costs using the same payment method used by the Consumer, unless the Consumer or entity referred to in § 10 expressly agreed to another refund method that does not involve any costs for them. Subject to point 7 of this paragraph, the refund shall be made immediately, no later than within 14 days from the date the Seller receives the withdrawal statement.

If the Consumer or entity referred to in § 10 selected a delivery method other than the cheapest ordinary delivery method offered by the Store, the Seller is not obliged to reimburse the additional costs incurred.

If the Seller did not offer to collect the Product personally from the Consumer or entity referred to in § 10, the Seller may withhold reimbursement until receipt of the returned Product or proof of its return, whichever occurs first.

The Consumer or entity referred to in § 10 withdrawing from the Sales Agreement in accordance with point 1 of this paragraph shall bear only the direct costs of returning the Product to the Seller.

The fourteen-day period within which the Consumer or entity referred to in § 10 may withdraw from the agreement shall be counted:

  • for agreements under which the Seller delivers a Product while being obliged to transfer ownership – from the day on which the Consumer or entity referred to in § 10 (or a third party indicated by them other than the carrier) takes possession of the Product,
  • for agreements covering multiple Products delivered separately, in batches or parts – from taking possession of the last Product, batch or part,
  • for agreements involving regular delivery of Products for a specified period – from taking possession of the first Product,
  • for other agreements – from the date of conclusion of the agreement.

The right of withdrawal from a distance agreement shall not apply to the Consumer or entity referred to in § 10 in the case of a Sales Agreement:

  • where the subject of the service is a non-prefabricated item manufactured according to the consumer’s specification or intended to satisfy individualized needs,
  • where the subject of the service is a Product delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery,
  • where the subject of the service consists of goods which, after delivery, due to their nature, become inseparably connected with other items,
  • concerning services for which the Consumer is obliged to pay the price, if the entrepreneur fully performed the service with the prior express consent of the Consumer, who was informed before the service began that after full performance they would lose the right of withdrawal and acknowledged this information,
  • where the subject of the service is a Product subject to rapid deterioration or with a short shelf life.

The right to withdraw from the Sales Agreement applies both to the Seller and the Customer in the event of failure by the other party to perform its obligations within a strictly specified period.
 

§ 9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

This paragraph contains provisions applicable exclusively to entrepreneurs not covered by the protection resulting from the Consumer Rights Act referred to in § 10 of these Terms and Conditions.

The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 business days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without stating a reason and shall not give rise to any claims by the non-Consumer Customer against the Seller.

The Seller has the right to limit the payment methods available to Customers who are not Consumers, including requiring prepayment of part or all of the sale price regardless of the payment method selected by the Customer and regardless of the conclusion of the Sales Agreement.

The benefits and burdens related to the Product as well as the risk of accidental loss or damage to the Product shall pass to the non-Consumer Customer at the moment the Seller hands over the Product to the carrier. In such a case, the Seller shall not be liable for loss, shortage, or damage to the Product arising from the moment it is accepted for transport until delivery to the Customer, nor for delays in shipment transport.

If the Product is sent to the Customer via a carrier, the non-Consumer Customer is obliged to inspect the shipment at the time and in the manner customary for shipments of that type. If it is found that loss or damage to the Product occurred during transport, the Customer is obliged to undertake all actions necessary to determine the carrier’s liability.

The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending the non-Consumer Service Recipient a notice of termination.

§ 10

PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

An entrepreneur conducting sole proprietorship business activity (this paragraph does not apply to commercial companies) is covered by the protection provided by the Consumer Rights Act provided that the agreement concluded with the Seller is directly related to their business activity, but from the content of the agreement it follows that it does not have a professional nature for them, resulting in particular from the scope of their business activity.

The entrepreneur referred to in point 1 of this paragraph is covered by protection exclusively in the scope of:

  • prohibited contractual provisions,
  • liability for non-conformity of the Product with the agreement,
  • the right to withdraw from a distance agreement,
  • rules concerning agreements for the supply of digital content or digital services.

The entrepreneur referred to in point 1 of this paragraph loses rights resulting from consumer protection if the Sales Agreement concluded with the Seller has a professional nature, verified on the basis of the entry of that entrepreneur in the Central Registration and Information on Business of the Republic of Poland, in particular the Polish Classification of Activities (PKD) codes indicated therein.

Entrepreneurs referred to in point 1 of this paragraph are not covered by institutional consumer protection provided by municipal consumer ombudsmen or the President of the Office of Competition and Consumer Protection (UOKiK).

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider enables the use of Electronic Services via the Store such as:

  • concluding Product Sales Agreements,
  • maintaining an Account in the Store,
  • the Review System,
  • Newsletter,
  • Quote Request Form,
  • sending messages via the Contact Form,
  • use of the “Wishlist” function,
  • chat.

Provision of Electronic Services to Service Recipients in the Store takes place under the conditions specified in these Terms and Conditions.

The Service Provider has the right to place advertising content on the Store’s website. Such content constitutes an integral part of the Store and the materials presented therein.

§ 12

CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

The provision of Electronic Services specified in § 11 point 1 of these Terms and Conditions by the Service Provider is free of charge.

The period for which agreements are concluded:

  • an agreement for the provision of an Electronic Service consisting of enabling the placement of an Order in the Store is concluded for a definite period and terminates upon placing the Order or ceasing to place it by the Service Recipient,
  • an agreement for the provision of an Electronic Service consisting of maintaining an Account in the Store is concluded for an indefinite period. The agreement is concluded when the Service Recipient submits the completed Registration Form,
  • an agreement for the provision of an Electronic Service consisting of using the Review System is concluded for a definite period and terminates upon posting a review or ceasing to use the Service,
  • an agreement for the provision of an Electronic Service consisting of using the Newsletter is concluded for an indefinite period,
  • an agreement for the provision of an Electronic Service consisting of enabling sending messages to the Service Provider via the Quote Request Form is concluded for a definite period and terminates upon sending the quotation request or ceasing to send it,
  • an agreement for the provision of an Electronic Service consisting of enabling sending messages to the Service Provider via the Contact Form is concluded for a definite period and terminates upon sending the message or ceasing to send it,
  • an agreement for the provision of an Electronic Service consisting of using the Chat is concluded for a definite period and terminates upon sending the message or ceasing to send it,
  • an agreement for the provision of an Electronic Service consisting of adding Products to the “Wishlist” is concluded for a definite period and terminates upon ceasing to use the Service by the Service Recipient.

Technical requirements necessary for cooperation with the ICT system used by the Service Provider:

  • a computer (or mobile device) with Internet access,
  • access to e-mail,
  • a web browser,
  • enabling Cookies and Javascript in the web browser.

The Service Recipient is obliged to use the Store in a manner consistent with law and good practice, taking into account respect for personal rights and intellectual property rights of third parties.

The Service Recipient is obliged to provide data consistent with the factual state.

The Service Recipient is prohibited from providing unlawful content.

§ 13

COMPLAINTS RELATED TO ELECTRONIC SERVICES

Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail to: info@fitwheels.eu

The above e-mail should include as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. Providing this information will significantly facilitate and speed up the complaint handling process by the Service Provider.

Complaints shall be considered by the Service Provider immediately, no later than within 14 days from the date of submission.

The Service Provider’s response to the complaint shall be sent to the e-mail address provided by the Service Recipient in the complaint submission or in another manner specified by the Service Recipient.

§ 14

CONDITIONS FOR TERMINATING AGREEMENTS FOR ELECTRONIC SERVICES

Termination of agreements for the provision of Electronic Services:

  • agreements for the provision of continuous and indefinite Electronic Services (Account maintenance, Newsletter) may be terminated,
  • the Service Recipient may terminate the agreement with immediate effect and without stating reasons by sending an appropriate statement via e-mail to: info@fitwheels.eu or by deleting the Account,
  • the Service Provider may terminate an agreement for the provision of a continuous and indefinite Electronic Service if the Service Recipient violates these Terms and Conditions, in particular by providing unlawful content, after an ineffective prior request to cease violations with an appropriate deadline. In such a case, the agreement expires after 7 days from the date of submitting the declaration of termination (notice period),
  • termination results in the ending of the legal relationship for the future.

The Service Provider and the Service Recipient may terminate the agreement for the provision of Electronic Services at any time by mutual agreement of the parties.

 

§ 15

INTELLECTUAL PROPERTY

All content posted on the website at www.fitwheels.eu is protected by copyright law and (subject to § 15 point 3 and elements posted by Service Recipients used under license, transfer of economic copyrights, or permitted use) is owned by Łukasz Ryż conducting business activity under the name RYŻ ŁUKASZ "BIKESTACJA" SPÓŁKA CYWILNA entered into the Central Registration and Information on Business of the Republic of Poland maintained by the minister responsible for the economy, place of business and service address: ul. Garncarska 8, 59-700 Bolesławiec, NIP: 6121643148, REGON: 020037737, and Rafał Iwan conducting business activity under the name IWAN RAFAŁ "BIKESTACJA" SPÓŁKA CYWILNA entered into the Central Registration and Information on Business of the Republic of Poland maintained by the minister responsible for the economy, place of business and service address: ul. Garncarska 8, 59-700 Bolesławiec, NIP: 6121643763, REGON: 020174606, conducting business activity in the form of the civil partnership "BIKESTACJA" SPÓŁKA CYWILNA ŁUKASZ RYŻ, RAFAŁ IWAN, NIP: 6121808201, REGON: 020728170, service address: ul. Garncarska 8, 59-700 Bolesławiec, e-mail: info@fitwheels.eu, phone number: +48 502 537 091.

The Service Recipient bears full liability for damage caused to the Service Provider resulting from the use of any content from the website www.fitwheels.eu without the Service Provider’s consent.

Any use by any person, without the explicit written consent of the Service Provider, of any elements comprising the content and materials of the website www.fitwheels.eu constitutes an infringement of the Service Provider’s copyright and results in civil and criminal liability.

All trade names, Product names, company names, and their logos used on the Store’s website at www.fitwheels.eu belong to their respective owners and are used solely for identification purposes. They may constitute registered trademarks. All materials, descriptions, and photos presented on the website www.fitwheels.eu are used for informational purposes.

§ 16

LIABILITY

The Service Provider designates a contact point within the meaning of the Digital Services Act (DSA) at its registered office referred to in § 2 of these Terms and Conditions and at the e-mail address: info@fitwheels.eu.

Posting unlawful content via the Store (through comments, reviews, etc.) is prohibited, as well as content that:

  • is unrelated to the subject matter of the Store,
  • unjustifiably infringes the good reputation of the Service Provider,
  • contains words commonly regarded as offensive,
  • promotes competitive activity against the Service Provider.

In the case of publishing content referred to in point 2, the Service Provider may moderate such content (refusal to publish content, demotion of content, deletion of content, disabling access to content, limiting or disabling monetization of content, suspension or closure of the user account, suspension or termination of the service provided to the user).

If the Service Provider moderates content published by Service Recipients (also via algorithmic means), Service Recipients retain the right to appeal against the Service Provider’s decision. Appeals may be submitted via e-mail to: info@fitwheels.eu. The appeal should briefly describe the factual situation and justify the reasons for the appeal. The Service Provider shall consider the appeal in accordance with the provisions of the Digital Services Act within 14 days.

A Service Recipient who identifies a violation of the rules described in this paragraph may report prohibited content published in the Store via e-mail to: info@fitwheels.eu.

The report referred to in point 5 must contain the following elements:

  • a sufficiently substantiated explanation of the reasons why the Service Recipient alleges that the information constitutes illegal content,
  • a clear indication of the exact electronic location of the information, such as the exact URL or URLs and, where appropriate, additional information enabling identification of the illegal content, depending on the type of content and hosting service,
  • the name and surname or company name and e-mail address of the reporting Service Recipient, except for reports concerning information related to offences referred to in Articles 3–7 of Directive 2011/93/EU,
  • a statement confirming the Service Recipient’s good-faith belief that the information and allegations contained in the report are accurate and complete.

The Service Provider shall confirm receipt of the report referred to in point 5 and inform the reporting party of the positive or negative consideration of the report without undue delay.

If the report referred to in point 5 is deemed justified, the Service Provider shall, where possible, inform the Service Recipient responsible for the violation about the moderation of the content published by them together with the required justification.

If the Service Provider becomes aware of any information giving rise to suspicion that a criminal offence threatening the life or safety of a person or persons has been, is being, or may be committed, the Service Provider shall immediately inform the competent law enforcement or judicial authorities together with the justification for its suspicions and all information available to it.

The Service Provider informs Service Recipients about significant changes to these Terms and Conditions.

The Service Provider undertakes, where possible, to inform Service Recipients in advance about possible disruptions in the functioning of the Store, in particular interruptions in access.

The Service Provider shall not be liable towards Service Recipients who are Entrepreneurs:

  • for any direct or indirect damages or losses (including damages resulting from loss of business profits, interruptions in business activity, or loss of business information and other financial damages) arising from the use, inability to use, or improper functioning of the Store software, damages resulting from shutdown or failure of the ICT system or power network failure,
  • in connection with improper use of the Store by a non-Consumer Service Recipient and improper functioning of computer hardware, software, or communication systems through which the Service Recipient connects to the Store system,
  • for any damages resulting from errors, failures, or interruptions in the functioning of the Store or caused by incorrect recording or reading of data downloaded by Service Recipients,
  • for disruptions in the proper functioning of the Store and loss of data of non-Consumer Service Recipients caused by force majeure or third parties,
  • for actions of third parties involving unlawful or Terms-and-Conditions-inconsistent use of data and materials posted in the Store,
  • for inability to log into the Store system caused in particular by connection quality, ICT system or power network failures, incorrect software configuration of non-Consumer Service Recipients,
  • for consequences related to loss of password.

The Service Recipient bears responsibility for providing an e-mail address to which they do not have access, in particular an incorrect address or one belonging to another entity.

§ 17

FINAL PROVISIONS

Agreements concluded via the Store are concluded in accordance with Polish law. However, the choice of law shall not deprive Consumers concluding this agreement of rights resulting from mandatory provisions of the law of the country in which they have their habitual residence.

If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the contested provision.

Any disputes arising from Sales Agreements between the Store and Customers shall first be resolved through negotiations with the intention of amicably settling the dispute, taking into account the Act on Out-of-Court Consumer Dispute Resolution. However, if this is not possible or satisfactory for either party, disputes shall be resolved by the competent common court in accordance with point 4 of this paragraph.

Court dispute resolution:

  • any disputes arising between the Service Provider and the Service Recipient (Customer) who is simultaneously a Consumer or an entity referred to in § 10 of these Terms and Conditions shall be submitted to courts competent in accordance with the provisions of the Polish Code of Civil Procedure of 17 November 1964,
  • any disputes arising between the Service Provider and the Service Recipient (Customer) who is not simultaneously a Consumer referred to in § 9 of these Terms and Conditions shall be submitted to the court competent for the registered office of the Service Provider.

A Customer who is a Consumer also has the right to use out-of-court methods of dispute resolution, in particular by submitting, after completion of the complaint procedure, an application for mediation or an application for consideration of the case by an arbitration court (the application form can be downloaded from: http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumers may also use free assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claims enforcement after completion of the complaint procedure is free of charge.

A Customer who is a Consumer may also use European ADR institutions dealing with out-of-court dispute resolution. Such possibility is provided, among others, by: https://adrcenter.com/solve/. More information regarding out-of-court dispute resolution can be found at: https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/index_pl.htm.

 


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